Legal Analysis Of “personal Information Is Protected By Law”

Nowadays,Article 111 of General Provisions of the Civil Law provides that the personal information of natural persons is protected by law.The protection of personal information is an important problem,and is worthy to analysis and discuss.Article 111 of General Provisions of Civil Law does not specify the legal nature of personal information.There are two kinds of opinions,one of them thinks that personal information is a legal right and the other thinks it is just some legitimate interests.The scholars who stand by the former opinion think that the right is a new type of specific right to personality.They argue that there is a clear distinction between personal information and privacy.I support that the personal information is a series of legitimate interests but not a right.Personal information carries a wide range of legitimate interests,including personal autonomy,dignity,privacy,security and so on.With the emergence and development of digital personality,legislation strengthens the protection of personal information of natural persons,in order to achieve the basic aims of we are human beings,we are the purpose but not the means.Civil law protects the natural person's legitimate interests,rather than to protect personal information itself.In addition,the protection of personal information as legitimate interests can not only give full and flexible protection to private interests,but also guarantee the effective commercial use and free flow of personal information.I believe that personal information can be protected through general right of personality.The theory of general right of personality originated from Germany.After the case of “Leserbrief”,the theory of general right of personality was introduced into judicial practice,constitutional rights entered the field of civil law and became the basis of a right of claim in tort law.Germans protect their personal information by the general right of personality,I think it is reasonable for our country to transplant this approach.Without remedy,there is no right.The natural person's legitimate interests on his/her personal information must be protected by the general right of personality,and it must be feasible to be realized in tort law.In the judicial practice of our country,there are several patterns of infringement of personal information that can already be typed,including the illegal collection of personal information against personal autonomy,the illegal use and processing of personal information against the dignity and credit of citizens,violation of security guarantees obligations to disclose personal information infringes citizens' personal and property security.These interests can't be fully protected by right to privacy,right to reputation,right to name and so on.In summary,I believe that the personal information protected by Article 111 of General Provisions of the Civil Law is not a new specific right.The law recognizes the interests of personal information and protects it as a series of legitimate interests.At the present stage,our country can adopt the model of general right of personality,determine the behavioral pattern of personal information infringement through specific cases,and provide the remedy of legitimate interests on personal information.